New England editorial roundup

On Wednesday, a Merrimack County Superior Court judge issued an injunction that will allow a girl to play on the Bishop Brady High School boys' hockey team for the time being.

Judge Richard McNamara had been asked to rule on the NHIAA's refusal to allow Shelby Herrington to play on the boys' squad now that her school is fielding a girls' team in cooperation with Trinity High School, both in Manchester. Instead of making a final decision, the judge granted a preliminary injunction in Herrington's favor.

As of this writing, the NHIAA, which governs high school sports in New Hampshire, has yet to decide if it will challenge the ruling. If it does, however, Herrington will still most likely be able to wrap up her high school career before the matter is finally decided.

But even a final ruling by the court won't end the debate over equal opportunities for women in athletics.

In 1972, Congress passed Title IX, a federal law which requires publicly funding schools to provide women with an equal opportunity to compete in sports. But what is an equal opportunity?

In general, it has been a matter of numbers. In simple terms, if the school population is 50/50 then so too must the opportunities for boys and girls to play sports — although there are some more problematic ways to satisfy the equality edict of Title IX.

In many cases, Title IX has not resulted in schools offering two teams in each sport. In New Hampshire there are only 14 high school girls' hockey team compared to 49 for boys. Many schools make up the difference by offering a girls-only sport like field hockey.

But the matter of Shelby Herrington v. NHIAA may be enough to push women's equality in sports to the next level — that of opening the door to all men's teams for women. Theoretically, this could lead to abolishing the distinction between men's and women's sports in favor of talent and ability.

To some the notion is baffling.

Dover High School Athletic Director Peter Wotton, a member of the NHIAA hockey committee, told one reporter: "As a hockey person and a past hockey coach, I don't understand the need to play for a boys' team when there is a girls' team."

While the same answer may not apply to all female players, Herrington has apparently benefited greatly by competing against the opposite sex. In challenging the NHIAA's decision, it was argued that her college prospects for advancement and athletic scholarships would be harmed if forced to play on the less challenging girls' team.

Whether that is true may be debatable. But the notion that Herrington's game has been taken to a new level by competing equally with boys is very plausible. We have frequently seen girls improve their game by competing against boys. One very successful women's college and club coach once attributed his teams' success on the soccer field to the notion they played a more physical game like men's teams.

If Title IX and a move toward equality has taught us anything, it is not to underestimate the ability of girls and women when given the opportunity to compete. There is little doubt that Title IX allowed the level of play in women's sports to step up tenfold, if not more.

The question now is whether the playing field has truly been leveled by just money and an equal allocation of playing slots or does equality demand fielding teams based on ability, not the sex of the player?

If the later is the case, we do know based on the history of women's sports under Title IX that the sporting world won't come to an end.

Burlington (Vt.) Free Press, Dec. 20, 2012

Sen. Patrick Leahy displayed a deft political hand in passing up the chairmanship of the powerful Appropriations Committee in favor of remaining as the head of the Judiciary Committee.

By virtue of his tenure in Congress — the longest in the Senate — Leahy gives the Vermonters who elected him a degree of influence on national affairs far outstripping the modest size of the state's population.

Leahy says his decision "will allow me to protect both the Constitution and Vermont." The senator's decision also provides an opportunity to inject Vermont sense and values into critical national conversations.

Judiciary is sure to be a major Senate arena for hearings on gun-control efforts arising from the Sandy Hook Elementary School shooting. This is something the nation must get right.

By retaining his Judiciary chairmanship, the Vermont Democrat also ensures for himself major say in the future makeup of the U.S. Supreme Court.

As ranking member of Appropriations, Leahy will be in a prime position to look out for the interests of his Vermont constituents in money matters.

Leahy this week was named president pro tempore of the Senate, a position held by Sen. Daniel Inouye of Hawaii, who had been the most senior member of the chamber until his death on Monday.

As the most senior senator, Leahy also could have claimed the Appropriations chairmanship. Appropriations is about money and money is power in Washington.

Leahy's decision keeps Sen. Dianne Feinstein, D-Calif., from becoming chairwoman of Judiciary, but his move also allows Sen. Barbara Mikulski, D-Md., to become the first woman to head Appropriations.

President Obama has already appointed two judges to the Supreme Court. With four of the current justices already in their 70s, the president likely will have the opportunity to fill one or more vacancies during his second term.

The nominees will first come before the Senate Judiciary Committee in the confirmation process.

The recent ruling on the constitutionality of the Affordable Care Act — aka Obamacare — shows the critical importance of high court decisions on everyday lives.

The Judiciary Committee also holds confirmation hearings for cabinet appointees and it plays a role in issues ranging from immigration and drug abuse to open government, and Internet piracy and privacy.

With the critical issues facing the nation, Leahy's chairmanship will ensure a high-profile and national prominence for Vermont's senior senator and the opportunity to represent Vermont values on the national stage

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